T SEKAR Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) PURSUANT to an advertisement, the appellant applied for recruitment to the post of Constable, Grade-II and was provisionally selected by Tamil Nadu Uniform Services Recruitment Board (hereinafter referred to as the Board). He was directed to appear on 26.8.03 before the Deputy Superintendent of Police, Tenkasi, for medical test and was found fit on such medical test. All other formalities were complied and while he was waiting for the letter of appointment, the respondent issued the impugned letter on 19.1.04 as per Rule 14 (b) of the Tamil Nadu Special Police Subordinate Service Rules, 1978 (hereinafter referred to as Rules, 1978) and refused to appoint the appellant on the ground of doubtful antecedent.

(2.) THE appellant preferred W.P. No.16375/04 and brought to the notice of the learned single Judge that S.C. No.3/01 in which he was made an accused ended in his acquittal by judgment dated 30.10.01 passed by the 2nd Addl. Court of Sessions, Tirunelveli and thus the same cannot be taken into consideration by the respondents for coming to a conclusion that his antecedent is doubtful. By the impugned judgment dated 17.6.04, learned single Judge held that the involvement of the petitioner in the criminal case of such a nature would disentitle him from getting appointment in the police service as per Rule 14 (b) and dismissed the writ petition.

(3.) THE aforesaid case laws referred to by counsel for the appellant are not applicable to the present case as the appellant has disclosed everything including the criminal case as was lodged against him and his acquittal in such case. THE judgment of the trial court was also brought to the notice of the authorities prior to the appointment. THE only question that requires to be determined is whether acquittal due to grant of benefit of doubt' could be a ground to deny appointment in Tamil Nadu Police Service.